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i �� . • . � i - - , 13.7 Enforcement bv Owners. The provisions of this Section shall not limit or impair • the independent rights of other Owners to enforce the provisions of the Governing Dacuments, the Rules and Regulations,and the Act,as provided therein. ]3.8 Litigatiori. Notwithstanding anything contained herein to the contrary, the • Association may not commence any judicial or administrative action on behalf of the Owners � (other than an action commenced to enforce the Governing Docnments or the Rules and Regulatioris, or to defe�d the Association), without first obtaining the affirmative vote of the Owners to which are allocated at least sixty-seven percent of the votes in the Association, in person or by proxy, at a meeting called for such purpose in accordance with the Bylaws, or by written ballot. ISECTIUN 14 AMENDMENTS � I 14.1 Approval Requirements. Except for amendments by Declarant pursuant to Section 16, this Declaration may be amended only by the approvai of 14.1.1 The Board; and 14.1.2 The Owners of Units to which are allocated at least sixty-seven percent of the total votes in the Association,except as otherwise provided by the Act;and 14.1.3 Declarant as to certain amendments as provided in Section 16;and 14.1.4 The percentage of Eligible Mortgagees (based upon one vote per Unit finance)as and if required by Section I 5. 14.2 Procedures. Approval of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees and Declarant, if required, shall be in writing. Any amendment shall be subject to any greater requirements imposed by the Act. The amendment shall be effective when recorded as provided in the Act_ An a�davit by the Secretary or the President of the Association as to the outcome of the vote, or the execution of the foregoing agreements or c�nsents, shall be adequate evidence thereof for a!1 purposes, including without limitation;the recording of the amendment. SECTION l5 RIGHTS OF ELIGIBLE MORTCACEES Notwithstanding anything to the contrary in the Governing Documents, but subject to the Act or other laws, Eligible Mortgagees shall have the following rights and protections: I5.1 Consent to Certain Amendments. Subject to Declarant's rights under Section I5, the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units that are subject to first mortgages held by Etigible Mortgagees (based upon one vote per Unit � financed) shall be required for any amendment to the Goveming Documents which changes any i MPLS-Word 95281.1 I 34 ,